[2017] KEHC 6379 (KLR)
The court found that the notice to show cause was properly issued and that neither party attended court to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and no cause was shown for its continuation....
Source-derived case information.
- Citation
- [2017] KEHC 6379 (KLR)
- Parties
- Plaintiff: John Mati Njoka; Defendant: Jasper Ndeke Shadrack
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 01 of 2017
- Procedural Posture
- Civil Suit / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Failure to Prosecute, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Mati Njoka
Plaintiff
Jasper Ndeke Shadrack
Defendant
Procedural Posture
Civil Suit / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the notice to show cause was properly issued and that neither party attended court to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and no cause was shown for its continuation. Therefore, the suit merited dismissal for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CA CASE NO 01 OF 2017
FORMERLY MERU ELC CA CASE NO.116 OF 2001
JOHN MATI NJOKA..............................................................PLAINTIFF
VERSUS
JASPER NDEKE SHADRACK..........................................DEFENDANT
RULING
1. When the parties were to come to court on 22. 3.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules, they did not turn up.
2. I am satisfied that the apposite notice was properly issued.
3. I find that the parties have failed to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2 (1) of the Civil Procedure Rules.
The suit, therefore, merits dismissal.
4. The suit is dismissed.
5. It is so ordered.
Delivered in open court at Chuka this 22nd day of March, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE